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Document 02019R0787-20220815
Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008
Consolidated text: Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008
Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008
02019R0787 — EN — 15.08.2022 — 002.001
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REGULATION (EU) 2019/787 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 April 2019 (OJ L 130 17.5.2019, p. 1) |
Amended by:
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Official Journal |
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date |
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COMMISSION DELEGATED REGULATION (EU) 2021/1096 of 21 April 2021 |
L 238 |
1 |
6.7.2021 |
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COMMISSION DELEGATED REGULATION (EU) 2021/1334 of 27 May 2021 |
L 289 |
1 |
12.8.2021 |
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COMMISSION DELEGATED REGULATION (EU) 2021/1335 of 27 May 2021 |
L 289 |
4 |
12.8.2021 |
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COMMISSION DELEGATED REGULATION (EU) 2021/1465 of 6 July 2021 |
L 321 |
12 |
13.9.2021 |
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COMMISSION DELEGATED REGULATION (EU) 2022/1303 of 25 April 2022 |
L 197 |
71 |
26.7.2022 |
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Corrected by:
REGULATION (EU) 2019/787 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 17 April 2019
on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008
CHAPTER I
SCOPE, DEFINITIONS AND CATEGORIES OF SPIRIT DRINKS
Article 1
Subject matter and scope
This Regulation lays down rules on:
Article 2
Definition of and requirements for spirit drinks
For the purposes of this Regulation, a spirit drink is an alcoholic beverage which complies with the following requirements:
it is intended for human consumption;
it possesses particular organoleptic qualities;
it has a minimum alcoholic strength by volume of 15 %, except in the case of spirit drinks that comply with the requirements of category 39 of Annex I;
it has been produced either:
directly by using, individually or in combination, any of the following methods:
by adding, individually or in combination, to it any of the following:
it does not fall within CN codes 2203 , 2204 , 2205 , 2206 and 2207 ;
if water, which may be distilled, demineralised, permuted or softened, has been added in its production:
the alcoholic strength of the spirit drink, after the addition of the water, still complies with the minimum alcoholic strength by volume provided for in point (c) of this Article or under the relevant category of spirit drinks as set out in Annex I.
Article 3
Definitions
For the purposes of this Regulation, the following definitions apply:
‘legal name’ means the name under which a spirit drink is placed on the market, within the meaning of point (n) of Article 2(2) of Regulation (EU) No 1169/2011;
‘compound term’ means, in relation to the description, presentation and labelling of an alcoholic beverage, the combination of either a legal name provided for in the categories of spirit drinks set out in Annex I or the geographical indication for a spirit drink, from which all the alcohol of the final product originates, with one or more of the following:
the name of one or more foodstuffs other than an alcoholic beverage and other than foodstuffs used for the production of that spirit drink in accordance with Annex I, or adjectives deriving from those names;
the term ‘liqueur’ or ‘cream’;
‘allusion’ means the direct or indirect reference to one or more legal names provided for in the categories of spirit drinks set out in Annex I or to one or more geographical indications for spirit drinks, other than a reference in a compound term or in a list of ingredients as referred to in Article 13(2) to (4) in the description, presentation and labelling of:
a foodstuff other than a spirit drink,
a spirit drink that complies with the requirements of categories 33 to 40 of Annex I, or
a spirit drink that complies with the conditions laid down in Article 12(3a);
‘geographical indication’ means an indication which identifies a spirit drink as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of that spirit drink is essentially attributable to its geographical origin;
‘product specification’ means a file attached to the application for the protection of a geographical indication, in which the specifications with which the spirit drink has to comply are set out, and which was referred to as a ‘technical file’ under Regulation (EC) No 110/2008;
‘group’ means any association, irrespective of its legal form, that is mainly composed of producers or processors working with the spirit drinks concerned;
‘generic name’ means a name of a spirit drink that has become generic and that, although it relates to the place or the region where the spirit drink was originally produced or marketed, has become the common name of that spirit drink in the Union;
‘visual field’ means field of vision as defined in point (k) of Article 2(2) of Regulation (EU) No 1169/2011;
‘to mix’ means to combine a spirit drink that either belongs to a category of spirit drinks set out in Annex I or to a geographical indication with one or more of the following:
other spirit drinks which do not belong to the same category of spirit drinks set out in Annex I;
distillates of agricultural origin;
ethyl alcohol of agricultural origin;
‘mixture’ means a spirit drink that has undergone mixing;
‘to blend’ means to combine two or more spirit drinks of the same category that are distinguishable only by minor differences in composition due to one or more of the following factors:
the method of production;
the stills employed;
the period of maturation or ageing;
the geographical area of production;
the spirit drink so produced belongs to the same category of spirit drinks as the original spirit drinks before blending;
‘blend’ means a spirit drink that has undergone blending.
Article 4
Technical definitions and requirements
For the purposes of this Regulation, the following technical definitions and requirements apply:
‘description’ means the terms used in the labelling, in the presentation and on the packaging of a spirit drink, on the documents accompanying the transport of a spirit drink, on the commercial documents, particularly the invoices and delivery notes, and in the advertising of a spirit drink;
‘presentation’ means the terms used in the labelling and on the packaging, as well as in advertising and sales promotion of a product, in images or such like, as well as on the container, including on the bottle or the closure;
‘labelling’ means any word, particulars, trade marks, brand name, pictorial matter or symbol relating to a product and placed on any packaging, document, notice, label, ring or collar accompanying or referring to such product;
‘label’ means any tag, brand, mark, pictorial or other descriptive matter, written, printed, stencilled, marked, embossed or impressed on, or attached to the packaging or container of food;
‘packaging’ means the protective wrappings, cartons, cases, containers and bottles used in the transport or sale of spirit drinks;
‘distillation’ means a thermal separation process involving one or more separation steps intended to achieve certain organoleptic properties or a higher alcoholic concentration or both, regardless of whether such steps take place under normal pressure or under vacuum, due to the distilling device used; and can be single or multiple distillation or re-distillation;
‘distillate of agricultural origin’ means an alcoholic liquid which is the result of the distillation, after alcoholic fermentation, of agricultural products listed in Annex I to the Treaty, which does not have the properties of ethyl alcohol and which retains the aroma and taste of the raw materials used;
‘to sweeten’ means to use one or more sweetening products in the production of spirit drinks;
‘sweetening products’ means:
semi-white sugar, white sugar, extra-white sugar, dextrose, fructose, glucose syrup, sugar solution, invert sugar solution and invert sugar syrup, as defined in Part A of the Annex to Council Directive 2001/111/EC ( 3 );
rectified concentrated grape must, concentrated grape must and fresh grape must;
burned sugar which is the product obtained exclusively from the controlled heating of sucrose without bases, mineral acids or other chemical additives;
honey as defined in point 1 of Annex I to Council Directive 2001/110/EC ( 4 );
carob syrup;
any other natural carbohydrate substances having a similar effect as the products referred to in points (a) to (e);
‘addition of alcohol’ means the addition of ethyl alcohol of agricultural origin or distillates of agricultural origin or both to a spirit drink; such addition does not include the use of alcohol for dilution or dissolution of colours, flavourings or any other authorised ingredients used in the production of spirit drinks;
‘maturation’ or ‘ageing’ means the storage of a spirit drink in appropriate receptacles for a period of time for the purpose of allowing that spirit drink to undergo natural reactions that impart specific characteristics to that spirit drink;
‘to flavour’ means to add flavourings or flavouring foodstuffs in the production of a spirit drink by means of one or more of the following processes: addition, infusion, maceration, alcoholic fermentation, or distillation of alcohol in the presence of the flavourings or flavouring foodstuffs;
‘flavourings’ mean flavourings as defined in point (a) of Article 3(2) of Regulation (EC) No 1334/2008;
‘flavouring substance’ means flavouring substance as defined in point (b) of Article 3(2) of Regulation (EC) No 1334/2008;
‘natural flavouring substance’ means natural flavouring substance as defined in point (c) of Article 3(2) of Regulation (EC) No 1334/2008;
‘flavouring preparation’ means flavouring preparation as defined in point (d) of Article 3(2) of Regulation (EC) No 1334/2008;
‘other flavouring’ means other flavouring as defined in point (h) of Article 3(2) of Regulation (EC) No 1334/2008;
‘flavouring foodstuffs’ mean foodstuffs as defined in Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council ( 5 ) and that are used in the production of spirit drinks with the main purpose of flavouring the spirit drinks;
‘to colour’ means to use one or more colours in the production of a spirit drink;
‘colours’ mean colours as defined in point 2 of Annex I to Regulation (EC) No 1333/2008;
‘caramel’ means a food additive corresponding to E-numbers E 150a, E 150b, E 150c or E 150d and relating to products of a more or less intense brown colour which are intended for colouring, as referred to in Part B of Annex II to Regulation (EC) No 1333/2008; it does not correspond to the sugary aromatic product obtained from heating sugars and which is used for flavouring purposes;
‘other authorised ingredients’ means food ingredients with flavouring properties authorised under Regulation (EC) No 1334/2008 and food additives other than colours authorised under Regulation (EC) No 1333/2008;
‘alcoholic strength by volume’ means the ratio of the volume of pure alcohol present in a product at 20 oC to the total volume of that product at the same temperature;
‘volatile substances content’ means the quantity of volatile substances, other than ethyl alcohol and methanol, contained in a spirit drink produced exclusively by distillation.
Article 5
Definition of and requirements for ethyl alcohol of agricultural origin
For the purposes of this Regulation, ethyl alcohol of agricultural origin is a liquid which complies with the following requirements:
it has been obtained through alcoholic fermentation, followed by distillation exclusively of agricultural products listed in Annex I to the Treaty;
it has no detectable taste other than that of the raw materials used in its production;
its minimum alcoholic strength by volume is 96,0 %;
its maximum levels of residues do not exceed the following:
ethyl acetate: 1,3 grams per hectolitre of 100 % vol. alcohol;
acetaldehyde (sum of ethanal and 1,1-diethoxyethane): 0,5 grams per hectolitre of 100 % vol. alcohol;
higher alcohols (sum of: propan-1-ol, butan-1-ol, butan-2-ol, 2- methylpropan-1-ol, 2-methylbutan- 1-ol and 3-methylbutan-1-ol): 0,5 grams per hectolitre of 100 % vol. alcohol;
methanol: 30 grams per hectolitre of 100 % vol. alcohol;
furfural: 0,5 grams per hectolitre of 100 % vol. alcohol.
Article 6
Ethyl alcohol and distillates used in alcoholic beverages
Article 7
Categories of spirit drinks
Without prejudice to the specific rules laid down for each of the categories of spirit drinks 1 to 14 of Annex I, the spirit drinks of those categories shall:
be produced by alcoholic fermentation and distillation, and exclusively obtained from the raw material provided for under the corresponding category of spirit drinks in Annex I;
have no addition of alcohol, whether diluted or not;
not be flavoured;
not be coloured with anything except caramel used exclusively for adjusting the colour of those spirit drinks;
not be sweetened, except to round off the final taste of the product; the maximum content of sweetening products, expressed as invert sugar, shall not exceed the thresholds set out for each category in Annex I;
not contain adjuncts other than whole unprocessed items of the raw material from which the alcohol is obtained, and which are mainly used for decorative purposes.
Without prejudice to the specific rules laid down for each of the categories of spirit drinks 15 to 44 of Annex I, the spirit drinks of those categories may:
be produced from any agricultural raw material listed in Annex I to the Treaty;
have addition of alcohol;
contain flavouring substances, natural flavouring substances, flavouring preparations and flavouring foodstuffs;
be coloured;
be sweetened.
Without prejudice to the specific rules laid down in Annex II, spirit drinks which do not comply with the specific rules laid down for each of the categories set out in Annex I may:
be produced from any agricultural raw material listed in Annex I to the Treaty or from any foodstuff or both;
have addition of alcohol;
be flavoured;
be coloured;
be sweetened.
Article 8
Delegated and implementing powers
The delegated acts referred to in the first subparagraph shall be strictly limited to meeting demonstrated needs resulting from evolving consumer demands, technological progress or the need for product innovation.
The Commission shall adopt a separate delegated act in respect of each technical definition or requirement referred to in the first subparagraph.
CHAPTER II
DESCRIPTION, PRESENTATION AND LABELLING OF SPIRIT DRINKS AND USE OF THE NAMES OF SPIRIT DRINKS IN THE PRESENTATION AND LABELLING OF OTHER FOODSTUFFS
Article 9
Presentation and labelling
Spirit drinks placed on the Union market shall comply with the presentation and labelling requirements set out in Regulation (EU) No 1169/2011, unless otherwise provided for in this Regulation.
Article 10
Legal names of spirit drinks
Spirit drinks shall bear legal names in their description, presentation and labelling.
Legal names shall be shown clearly and visibly on the label of the spirit drink and shall not be replaced or altered.
Notwithstanding paragraphs 1 and 2 of this Article, the legal name of a spirit drink may be:
supplemented or replaced by a geographical indication referred to in Chapter III. In this case, the geographical indication may be supplemented further by any term permitted by the relevant product specification, provided that this does not mislead the consumer; and
replaced by a compound term that includes the term ‘liqueur’ or ‘cream’, provided that the final product complies with the requirements of category 33 of Annex I.
Without prejudice to Regulation (EU) No 1169/2011 and to the specific rules laid down for the categories of spirit drinks in Annex I to this Regulation, the legal name of a spirit drink may be supplemented by:
a name or geographical reference provided for in the laws, regulations and administrative provisions applicable in the Member State in which the spirit drink is placed on the market, provided that this does not mislead the consumer;
a customary name as defined in point (o) of Article 2(2) of Regulation (EU) No 1169/2011, provided that this does not mislead the consumer;
a compound term or an allusion in accordance with Articles 11 and 12;
the term ‘blend’, ‘blending’ or ‘blended’, provided that the spirit drink has undergone blending;
the term ‘mixture’, ‘mixed’ or ‘mixed spirit drink’, provided that the spirit drink has undergone mixing; or
the term ‘dry’ or ‘dry’, except in the case of spirit drinks that comply with the requirements of category 2 of Annex I, without prejudice to the specific requirements laid down in categories 20 to 22 of Annex I, and provided that the spirit drink has not been sweetened, not even for rounding off the taste. By way of derogation from the first part of this point, the term ‘dry’ or ‘dry’ may supplement the legal name of spirit drinks that comply with the requirements of category 33 and have therefore been sweetened.
Without prejudice to Article 12(1), flavourings that imitate a spirit drink or their use in the production of a foodstuff other than a beverage may bear, in their presentation and labelling, references to the legal names referred to in paragraph 2 of this Article, provided that such legal names are supplemented by the term ‘flavour’ or any other similar terms. Geographical indications shall not be used to describe such flavourings.
Article 11
Compound terms
In the description, presentation and labelling of an alcoholic beverage, the use in a compound term of either a legal name provided for in the categories of spirit drinks set out in Annex I or a geographical indication for spirit drinks shall be authorised on condition that:
the alcohol used in the production of the alcoholic beverage originates exclusively from the spirit drink referred to in the compound term, except for the alcohol that may be present in flavourings, colours or other authorised ingredients used for the production of that alcoholic beverage; and
the spirit drink has not been diluted by addition of water only, so that its alcoholic strength is below the minimum strength provided for under the relevant category of spirit drinks set out in Annex I.
Compound terms describing an alcoholic beverage shall:
appear in uniform characters of the same font, size and colour;
not be interrupted by any textual or pictorial element which does not form part of them;
not appear in a font size which is larger than the font size used for the name of the alcoholic beverage; and
in cases where the alcoholic beverage is a spirit drink, always be accompanied by the legal name of the spirit drink, which shall appear in the same visual field as the compound term, unless the legal name is replaced by a compound term in accordance with Article 10(5), point (b).
Article 12
Allusions
By way of derogation from paragraph 1 of this Article and without prejudice to Regulations (EU) No 1308/2013 ( 6 ) and (EU) No 251/2014 ( 7 ) of the European Parliament and of the Council, an allusion in the presentation and labelling of an alcoholic beverage other than a spirit drink to legal names provided for in one or more categories of spirit drinks set out in Annex I to this Regulation or to one or more geographical indications for spirit drinks shall be authorised on condition that:
the added alcohol originates exclusively from the spirit drink or spirit drinks referred to in the allusion; and
the proportion of each alcoholic ingredient is indicated at least once in the same visual field as the allusion, in descending order of quantities used. That proportion shall be equal to the percentage by volume of pure alcohol it represents in the total pure alcohol content by volume of the final product.
By way of derogation from paragraph 1 of this Article and from Article 13(4), in the description, presentation and labelling of a spirit drink that complies with the requirements of categories 33 to 40 of Annex I, the allusion to legal names provided for under one or more categories of spirit drinks set out in that Annex or to one or more geographical indications for spirit drinks shall be authorised on condition that:
the added alcohol originates exclusively from the spirit drink or spirit drinks referred to in the allusion;
the proportion of each alcoholic ingredient is indicated at least once in the same visual field as the allusion, in descending order of quantities used. That proportion shall be equal to the percentage by volume of pure alcohol it represents in the total pure alcohol content by volume of the final product; and
the term ‘cream’ does not appear in the legal name of a spirit drink that complies with the requirements of categories 33 to 40 of Annex I or in the legal name of the spirit drink or spirit drinks referred to in the allusion.
By way of derogation from paragraph 1, in the description, presentation and labelling of a spirit drink other than spirit drinks complying with the requirements of categories 33 to 40 of Annex I, the allusion to a legal name provided for in a category of spirit drinks set out in that Annex or to a geographical indication for spirit drinks shall be allowed on condition that:
the spirit drink referred to in the allusion:
has been used as the sole alcoholic base for the production of the final spirit drink, which shall comply with the requirements of a category of spirit drinks set out in Annex I,
has not been combined with any foodstuffs other than the foodstuffs used for its production or the production of the final spirit drink in accordance with Annex I or the relevant product specification, and
has not been diluted by addition of water so that its alcoholic strength is below the minimum strength provided for under the category of spirit drinks set out in Annex I or the product specification for the geographical indication to which the spirit drink referred to in the allusion belongs; or
the spirit drink has been stored for the full maturation period or part of it in a wooden cask previously used to mature the spirit drink referred to in the allusion, on condition that:
the wooden cask was emptied of its previous contents for those categories of spirit drinks or geographical indications for spirit drinks for which the addition of alcohol, diluted or not, is prohibited,
the allusion is made within the description of the cask used to mature the resulting spirit drink,
the allusion appears less prominently than the legal name of the spirit drink or any compound term used, and
by way of derogation from paragraph 4, point (b), the allusion appears in a font size no larger than the font size used for the legal name of the spirit drink or any compound term used.
The allusions referred to in paragraphs 2, 3 and 3a shall:
not be on the same line as the name of the alcoholic beverage;
appear in a font size which is no larger than half the font size used for the name of the alcoholic beverage and, where compound terms are used, in a font size which is no larger than half the font size used for such compound terms, in accordance with point (c) of Article 11(3); and
in case of allusions in the description, presentation and labelling of spirit drinks, always be accompanied by the legal name of the spirit drink, which shall appear in the same visual field as the allusion.
Article 13
Additional rules on description, presentation and labelling
In the case referred to in the first subparagraph, the list of alcoholic ingredients shall be accompanied by at least one of the terms referred to in point (e) of Article 10(6). Both the list of alcoholic ingredients and the accompanying term shall appear in the same visual field as the legal name of the mixture, in uniform characters of the same font and colour and in a font size which is no larger than half the font size used for the legal name.
In addition, the proportion of each alcoholic ingredient in the list of alcoholic ingredients shall be expressed at least once as a percentage, in descending order of quantities used. That proportion shall be equal to the percentage by volume of pure alcohol it represents in the total pure alcohol content by volume of the mixture.
In case of blends resulting from the combination of spirit drinks belonging to different geographical indications or from the combination of spirit drinks belonging to geographical indications with spirit drinks not belonging to any geographical indication, the following conditions shall apply:
the description, presentation or labelling of the blend may show the legal names set out in Annex I or geographical indications corresponding to the spirits drinks that were blended, provided that those names appear:
exclusively in a list of all the alcoholic ingredients contained in the blend which shall appear in uniform characters of the same font and colour and in a font size which is no larger than half the font size used for the legal name; and
in the same visual field as the legal name of the blend at least once;
the list of alcoholic ingredients shall be accompanied by at least one of the terms referred to in point (d) of Article 10(6);
the proportion of each alcoholic ingredient in the list of alcoholic ingredients shall be expressed at least once as a percentage, in descending order of quantities used. That proportion shall be equal to the percentage by volume of pure alcohol it represents in the total pure alcohol content by volume of the blend.
In the case referred to in the first subparagraph, the description, presentation or labelling of the mixture may show the legal names set out in Annex I or geographical indications corresponding to the spirits drinks that were mixed, provided that those names appear:
exclusively in a list of all the alcoholic ingredients contained in the mixture which shall appear in uniform characters of the same font and colour and in a font size which is no larger than half the font size used for the legal name; and
in the same visual field as the legal name of the mixture at least once.
In addition, the proportion of each alcoholic ingredient in the list of alcoholic ingredients shall be expressed at least once as a percentage, in descending order of quantities used. That proportion shall be equal to the percentage by volume of pure alcohol it represents in the total pure alcohol content by volume of the mixture.
Article 14
Indication of place of provenance
Article 15
Language used for the names of spirit drinks
Article 16
Use of a Union symbol for geographical indications
The Union symbol for protected geographical indications established pursuant to Article 12(7) of Regulation (EU) No 1151/2012 may be used in the description, presentation and labelling of spirit drinks the names of which are geographical indications.
Article 17
Prohibition of lead-based capsules and lead-based foil
Spirit drinks shall not be held with a view to sale or be placed on the market in containers fitted with closing devices covered by lead-based capsules or lead-based foil.
Article 18
Union reference methods of analysis
Other methods of analysis shall be permitted, under the responsibility of the director of the laboratory, on condition that the accuracy, repeatability and reproducibility of the methods are at least equivalent to those of the relevant Union reference methods of analysis.
Where Union methods of analysis are not laid down for the detection and quantification of substances contained in a particular spirit drink, one or more of the following methods shall be used:
methods of analysis that have been validated by internationally recognised procedures and that, in particular, meet the criteria set out in Annex III to Regulation (EC) No 882/2004 of the European Parliament and of the Council ( 9 );
methods of analysis conforming to the recommended standards of the International Organisation for Standardisation (ISO);
methods of analysis recognised and published by the International Organisation of Vine and Wine (OIV); or
in the absence of a method as referred to in points (a), (b) or (c), by reason of its accuracy, repeatability and reproducibility:
Article 19
Delegated powers
In order to take into account the traditional dynamic ageing process for brandy in Member States which is known as the ‘ criaderas y solera ’ system or ‘ solera e criaderas ’ system as set out in Annex III, the Commission is empowered to adopt delegated acts in accordance with Article 46 supplementing this Regulation by:
laying down derogations from Article 13(6) concerning the specification of a maturation period or age in the description, presentation or labelling of such brandy; and
establishing appropriate control mechanisms for such brandy.
Article 20
Implementing powers
The Commission may, by means of implementing acts, adopt:
the rules necessary for communications to be made by Member States with regard to the bodies appointed to supervise ageing processes in accordance with Article 13(6);
uniform rules for indicating the country of origin or the place of provenance in the description, presentation or labelling of spirit drinks referred to in Article 14;
rules on the use of the Union symbol referred to in Article 16 in the description, presentation and labelling of spirit drinks;
detailed technical rules on the Union reference methods of analysis referred to in Article 18.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 47(2).
CHAPTER III
GEOGRAPHICAL INDICATIONS
Article 21
Protection of geographical indications
Geographical indications protected under this Regulation shall be protected against:
any direct or indirect commercial use of a registered name in respect of products not covered by the registration where those products are comparable to the products registered under that name or where using the name exploits the reputation of the protected name, including where those products are used as an ingredient;
any misuse, imitation or evocation, even if the true origin of the products or services is indicated or if the protected name is translated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar, including when those products are used as an ingredient;
any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product in the description, presentation or labelling of the product liable to convey a false impression as to the origin of the product;
any other practice liable to mislead the consumer as to the true origin of the product.
Article 22
Product specification
A geographical indication protected under this Regulation shall comply with a product specification which shall include at least:
the name to be protected as a geographical indication, as it is used, whether in trade or in common language, only in the languages which are or were historically used to describe the specific product in the defined geographical area, in the original script and in Latin transcription if different;
the category of the spirit drink or the term ‘spirit drink’ if the spirit drink does not comply with the requirements laid down for the categories of spirit drinks set out in Annex I;
a description of the characteristics of the spirit drink, including the raw materials from which it is produced, if appropriate, as well as the principal physical, chemical or organoleptic characteristics of the product and the specific characteristics of the product compared to spirit drinks of the same category;
the definition of the geographical area delimited with regard to the link referred to in point (f);
a description of the method of producing the spirit drink and, where appropriate, the authentic and unvarying local production methods;
details establishing the link between a given quality, reputation or other characteristic of the spirit drink and its geographical origin;
the names and addresses of the competent authorities or, if available, the names and addresses of the bodies that verify compliance with the provisions of the product specification pursuant to Article 38 and their specific tasks;
any specific labelling rule for the geographical indication in question.
Where applicable, requirements regarding packaging shall be included in the product specification, accompanied by a justification showing why the packaging must take place in the defined geographical area to safeguard quality, to ensure the origin or to ensure control, taking into account Union law, in particular Union law on the free movement of goods and the free provision of services.
Article 23
Content of application for registration of a geographical indication
An application for registration of a geographical indication pursuant to Article 24(5) or (8) shall include at least:
the name and address of the applicant group and of the competent authorities or, if available, the bodies that verify compliance with the provisions of the product specification;
the product specification provided for in Article 22;
a single document setting out the following:
the main points of the product specification, including the name to be protected, the category to which the spirit drink belongs or the term ‘spirit drink’, the production method, a description of the characteristics of the spirit drink, a concise definition of the geographical area, and, where appropriate, specific rules concerning packaging and labelling;
a description of the link between the spirit drink and its geographical origin as referred to in point (4) of Article 3, including, where appropriate, the specific elements of the product description or production method justifying the link.
An application as referred to in Article 24(8) shall also include the publication reference of the product specification and proof that the name of the product is protected in its country of origin.
An application dossier as referred to in Article 24(7) shall include:
the name and address of the applicant group;
the single document referred to in point (c) of paragraph 1 of this Article;
a declaration by the Member State that it considers that the application meets the requirements of this Regulation and the provisions adopted pursuant thereto;
the publication reference of the product specification.
Article 24
Application for registration of a geographical indication
A single natural or legal person may be deemed to be a group for the purpose of this Chapter if both of the following conditions are fulfilled:
the person concerned is the only producer willing to submit an application; and
the defined geographical area possesses characteristics which differ appreciably from those of neighbouring areas, the characteristics of the spirit drink are different from those produced in neighbouring areas or the spirit drink has a special quality, reputation or other characteristic which is clearly attributable to its geographical origin.
Where a joint application is submitted, it shall be submitted to the Commission by a Member State concerned, or by an applicant group in a third country concerned, directly or through the authorities of that third country after consultation of all the authorities and applicant groups concerned. The joint application shall include the declaration referred to in point (c) of Article 23(2) from all the Member States concerned. The requirements laid down in Article 23 shall be fulfilled in all Member States and third countries concerned.
In the case of joint applications, the related national opposition procedures shall be carried out in all the Member States concerned.
The Member State shall scrutinise the application by appropriate means in order to check that it is reasoned and meets the requirements of this Chapter.
The Member State shall examine the admissibility of any opposition received in accordance with the criteria referred to in Article 28.
The Member State shall ensure that where it takes a favourable decision pursuant to the first subparagraph, that decision is made public and that any natural or legal person having a legitimate interest has an opportunity to appeal.
The Member State shall ensure that the version of the product specification on which its favourable decision is based is published, and shall provide electronic access to the product specification.
The Member State shall also ensure adequate publication of the version of the product specification on which the Commission takes its decision pursuant to Article 26(2).
Article 25
Provisional national protection
Article 26
Scrutiny by the Commission and publication for opposition
The Commission shall, at least each month, make public the list of names for which registration applications have been submitted to it, as well as their date of submission. The list shall also contain the name of the Member State or third country from which the application came.
Article 27
Opposition procedure
Any natural or legal person having a legitimate interest and resident or established in a Member State other than that from which the application was submitted, may submit a notice of opposition to the Member State in which that person is resident or established within a time limit permitting an opposition to be submitted pursuant to the first subparagraph.
A notice of opposition shall contain a declaration that the application might infringe the requirements of this Chapter.
A notice of opposition that does not contain such a declaration shall be void.
The Commission shall forward the notice of opposition without delay to the authority or body that submitted the application.
The authority or person that submitted the opposition and the authority or body that submitted the application shall start such appropriate consultations without undue delay. They shall provide each other with the relevant information to assess whether the application for registration complies with the requirements of this Chapter. If no agreement is reached, that information shall also be provided to the Commission.
When the interested parties reach an agreement, the authorities of the Member State or of the third country from which the application was submitted shall notify the Commission of all the factors which enabled that agreement to be reached, including the opinions of the applicant and of the authorities of a Member State or of a third country, or of other natural and legal persons having submitted an opposition.
Irrespective of whether an agreement has been reached or not, the notification to the Commission shall be made within one month from the end of the consultations.
At any time during those three months, the Commission may, at the request of the applicant extend the deadline for the consultations by a maximum of three months.
Article 28
Grounds for opposition
A reasoned statement of opposition as referred to in Article 27(2) shall be admissible only if it is received by the Commission within the time limit set out in that Article and if it shows that:
the proposed geographical indication does not comply with the definition in point (4) of Article 3 or with the requirements referred to in Article 22;
the registration of the proposed geographical indication would be contrary to Article 34 or 35;
the registration of the proposed geographical indication would jeopardise the existence of an entirely or partly identical name or of a trade mark or the existence of products which have been legally on the market for at least five years preceding the date of the publication provided for in Article 26(2); or
the requirements referred to in Articles 31 and 32 are not complied with.
Article 29
Transitional periods for use of geographical indications
The Commission may adopt implementing acts granting a transitional period of up to five years to enable spirit drinks originating in a Member State or a third country, and the name of which contravenes Article 21(2), to continue to use the designation under which they were marketed on condition that an admissible statement of opposition under Article 24(6) or Article 27 shows that the registration of the name would jeopardise the existence of:
an entirely identical name or of a compound name, one term of which is identical to the name to be registered; or
other names similar to the name to be registered which refer to spirit drinks which have been legally on the market for at least five years preceding the date of the publication provided for in Article 26(2).
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 47(2).
Without prejudice to Article 36, the Commission may adopt implementing acts extending the transitional period granted under paragraph 1 up to 15 years, or allowing continued use for up to 15 years in duly justified cases, provided it is shown that:
the designation referred to in paragraph 1 has been in legal use consistently and fairly for at least 25 years before the application for protection was submitted to the Commission;
the purpose of using the designation referred to in paragraph 1 has not, at any time, been to profit from the reputation of the registered geographical indication; and
the consumer has not been nor could have been misled as to the true origin of the product.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 47(2).
Article 30
Decision on registration
If the Commission receives an admissible reasoned statement of opposition, it shall, following the appropriate consultations referred to in Article 27(3), and taking into account the results thereof, either:
if an agreement has been reached, register the name by means of implementing acts adopted without applying the procedure referred to in Article 47(2), and, if necessary, amend the information published pursuant to Article 26(2) provided such amendments are not substantial; or
if an agreement has not been reached, adopt implementing acts deciding on the registration. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 47(2).
The act of registration shall grant the protection referred to in Article 21 to the geographical indication.
Article 31
Amendment to a product specification
Applications shall describe and give reasons for the amendments requested.
Amendments to a product specification shall be classified into two categories as regards their importance:
Union amendments requiring an opposition procedure at Union level;
standard amendments to be dealt with at Member State or third country level.
An amendment shall be considered a Union amendment if it:
includes a change in the name or any part of the name of the geographical indication registered under this Regulation;
consists of a change of the legal name or the category of the spirit drink;
risks voiding the given quality, reputation or other characteristic of the spirit drink that is essentially attributable to its geographical origin; or
entails further restrictions on the marketing of the product.
Any other amendments shall be considered standard amendments.
A standard amendment shall also be considered a temporary amendment when it concerns a temporary change in the product specification resulting from the imposition of obligatory sanitary and phytosanitary measures by the public authorities or is linked to natural disasters or adverse weather conditions formally recognised by the competent authorities.
Article 32
Cancellation
The Commission may, on its own initiative or at the request of any natural or legal person having a legitimate interest, adopt implementing acts to cancel the registration of a geographical indication in either of the following cases:
where compliance with the requirements for the product specification can no longer be ensured;
where no product has been placed on the market under the geographical indication for at least seven consecutive years.
Articles 24, 26, 27, 28 and 30 shall apply mutatis mutandis to the cancellation procedure.
Article 33
Register of geographical indications of spirit drinks
For geographical indications registered under this Chapter, the register shall provide direct access to the single documents and shall also contain the publication reference of the product specification.
For geographical indications registered before 8 June 2019, the register shall provide direct access to the main specifications of the technical file as set out in Article 17(4) of Regulation (EC) No 110/2008.
The Commission shall adopt delegated acts in accordance with Article 46 supplementing this paragraph by laying down further detailed rules on the form and content of the register.
Article 34
Homonymous geographical indications
Article 35
Specific grounds for refusal of protection
To establish whether or not a name has become a generic name, account shall be taken of all relevant factors, in particular:
the existing situation in the Union, in particular in areas of consumption;
the relevant Union or national legislation.
Article 36
Relationship between trade marks and geographical indications
Article 37
Existing registered geographical indications
Geographical indications of spirit drinks registered in Annex III to Regulation (EC) No 110/2008 and thus protected under that Regulation shall automatically be protected as geographical indications under this Regulation. The Commission shall list them in the register referred to in Article 33 of this Regulation.
Article 38
Verification of compliance with the product specification
In respect of the geographical indications that designate spirit drinks originating within the Union registered under this Regulation, verification of compliance with the product specification referred to in Article 22, before placing the product on the market, shall be carried out by:
one or more competent authorities referred to in Article 43(1); or
control bodies within the meaning of point 5 of the second subparagraph of Article 2 of Regulation (EC) No 882/2004, operating as a product certification body.
Where a Member State applies Article 24(2), verification of compliance with the product specification shall be ensured by an authority other than that deemed to be a group under that paragraph.
Notwithstanding the national law of Member States, the costs of such verification of compliance with the product specification may be borne by the operators which are subject to those controls.
In respect of the geographical indications that designate spirit drinks originating within a third country registered under this Regulation, verification of compliance with the product specification, before placing the product on the market, shall be carried out by:
a public competent authority designated by the third country; or
a product certification body.
The Commission shall make public the name and address of the competent authorities and bodies referred to in paragraph 3 and update that information periodically.
Article 39
Surveillance of the use of names in the market place
To that end, Member States shall designate the authorities that are responsible for taking those steps, in accordance with procedures determined by each individual Member State.
Those authorities shall offer adequate guarantees of objectivity and impartiality, and shall have at their disposal the qualified staff and resources necessary to carry out their tasks.
Article 40
Procedure and requirements, and planning and reporting of control activities
Article 41
Delegated powers
The Commission is empowered to adopt delegated acts in accordance with Article 46 supplementing this Regulation by setting out further conditions to be followed, including in cases where a geographical area includes more than one country, in respect of:
an application for the registration of a geographical indication as referred to in Articles 23 and 24; and
preliminary national procedures as referred to in Article 24, scrutiny by the Commission, the opposition procedure, and the cancellation of geographical indications.
Article 42
Implementing powers
The Commission may adopt implementing acts laying down detailed rules concerning:
the form of the product specification referred to in Article 22, and measures on the information to be provided in the product specification with regard to the link between the geographical area and the final product as referred to in point (f) of Article 22(1);
the procedures for, form and presentation of, oppositions as referred to in Articles 27 and 28;
the form and presentation of applications for Union amendments and of communications concerning standard and temporary amendments as referred to in Article 31(4) and (5) respectively;
the procedures for and form of the cancellation process referred to in Article 32, as well as on the presentation of the requests for cancellation; and
the checks and verifications to be carried out by the Member States, including testing, as referred to in Article 38.
CHAPTER IV
CHECKS, EXCHANGE OF INFORMATION, MEMBER STATES' LEGISLATION
Article 43
Checks on spirit drinks
Article 44
Exchange of information
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 47(2).
Article 45
Member States' legislation
CHAPTER V
DELEGATION OF POWER, IMPLEMENTING PROVISIONS, TRANSITIONAL AND FINAL PROVISIONS
SECTION 1
Delegation of power and implementing provisions
Article 46
Exercise of the delegation
Article 47
Committee procedure
SECTION 2
Derogation, transitional and final provisions
Article 48
Derogation from nominal quantities requirements in Directive 2007/45/EC
By way of derogation from Article 3 of Directive 2007/45/EC, and from the sixth row of section 1 of the Annex to that Directive, single distilled shochu ( 12 ), produced by pot still and bottled in Japan, may be placed on the Union market in nominal quantities of 720 ml and 1 800 ml.
Article 49
Repeal
By way of derogation from paragraph 1:
Article 17(2) of Regulation (EC) No 110/2008 shall continue to apply until 25 May 2021;
Article 20 of Regulation (EC) No 110/2008 and, without prejudice to the applicability of the other provisions of Commission Implementing Regulation (EU) No 716/2013 ( 13 ), Article 9 of that Implementing Regulation shall continue to apply until the completion of the procedures provided for in Article 9 of that Implementing Regulation but, in any event, no later than 25 May 2021; and
Annex III to Regulation (EC) No 110/2008 shall continue to apply until the register referred to in Article 33 of this Regulation has been established.
Article 50
Transitional measures
The delegated acts referred to in the first subparagraph shall be strictly limited to meeting demonstrated needs that result from market circumstances.
The Commission shall adopt a separate delegated act in respect of each definition, technical definition or requirement in the provisions referred to in the first subparagraph.
The provisions on the opposition procedure referred to in Articles 27, 28 and 29 of this Regulation shall not apply to the applications for registration or to the applications for amendment, in relation to which the main specifications of the technical file or an application for amendment, respectively, have already been published for opposition in the Official Journal of the European Union on 8 June 2019. Article 17(7) of Regulation (EC) No 110/2008 shall continue to apply to such applications.
The provisions on the opposition procedure referred to in Articles 27, 28 and 29 of this Regulation shall not apply to a request for cancellation which is pending on 8 June 2019. Article 18 of Regulation (EC) No 110/2008 shall continue to apply to such requests for cancellation.
Article 51
Entry into force and application
It shall apply from 25 May 2021.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
CATEGORIES OF SPIRIT DRINKS
1. Rum
Rum is a spirit drink produced exclusively by the distillation of the product obtained by the alcoholic fermentation of molasses or syrup produced in the manufacture of cane sugar or of sugar-cane juice itself, distilled at less than 96 % vol., so that the distillate has the discernible specific organoleptic characteristics of rum.
The minimum alcoholic strength by volume of rum shall be 37,5 %.
No addition of alcohol, diluted or not, shall take place.
Rum shall not be flavoured.
Rum may only contain added caramel as a means of adjusting the colour.
Rum may be sweetened in order to round off the final taste. However, the final product may not contain more than 20 grams of sweetening products per litre, expressed as invert sugar.
In the case of geographical indications registered under this Regulation, the legal name of rum may be supplemented by:
the term ‘traditionnel’ or ‘tradicional’, provided that the rum in question:
the term ‘agricultural’, provided that the rum in question complies with the requirements under point (i) and has been produced exclusively by distillation after alcoholic fermentation of sugar-cane juice. The term ‘agricultural’ may only be used in the case of a geographical indication of a French Overseas Department or the Autonomous Region of Madeira.
This point shall be without prejudice to the use of the term ‘agricultural’, ‘ traditionnel ’ or ‘ tradicional ’ in connection with any product not covered by this category, in accordance with their own specific criteria.
2. Whisky or whiskey
Whisky or whiskey is a spirit drink produced exclusively by carrying out all of the following production operations:
distillation of a mash made from malted cereals, with or without whole grains of unmalted cereals, which has been:
each and every distillation is carried out at less than 94,8 % vol., so that the distillate has an aroma and taste derived from the raw materials used;
maturation of the final distillate for at least three years in wooden casks not exceeding 700 litres capacity.
The final distillate, to which only water and plain caramel (for colouring) may be added, shall retain the colour, aroma and taste it derived from the production process referred to in points (i), (ii) and (iii).
The minimum alcoholic strength by volume of whisky or whiskey shall be 40 %.
No addition of alcohol, diluted or not, shall take place.
Whisky or whiskey shall not be sweetened, even for rounding off the taste, or flavoured, or contain any additives other than plain caramel (E 150a) used for adjusting the colour.
The legal name of ‘whisky’ or ‘whiskey’ may be supplemented by the term ‘single malt’ only if it has been distilled exclusively from malted barley at a single distillery.
3. Grain spirit
Grain spirit is a spirit drink produced exclusively by the distillation of a fermented mash of whole grain cereals and having organoleptic characteristics derived from the raw materials used.
With the exception of Korn, the minimum alcoholic strength by volume of grain spirit shall be 35 %.
No addition of alcohol, diluted or not, shall take place.
Grain spirit shall not be flavoured.
Grain spirit may only contain added caramel as a means of adjusting the colour.
Grain spirit may be sweetened in order to round off the final taste. However, the final product may not contain more than 10 grams of sweetening products per litre, expressed as invert sugar.
A grain spirit may bear the legal name ‘grain brandy’ if it has been produced by distillation at less than 95 % vol. from a fermented mash of whole grain cereals, presenting organoleptic features deriving from the raw materials used.
In the legal name ‘grain spirit’ or ‘grain brandy’, the word ‘grain’ may be replaced with the name of the cereal used exclusively in the production of the spirit drink.
4. Wine spirit
Wine spirit is a spirit drink which meets the following requirements:
it is produced exclusively by the distillation at less than 86 % vol. of wine, wine fortified for distillation or wine distillate;
it has a volatile substances content equal to or exceeding 125 grams per hectolitre of 100 % vol. alcohol;
it has a maximum methanol content of 200 grams per hectolitre of 100 % vol. alcohol.
The minimum alcoholic strength by volume of wine spirit shall be 37,5 %.
No addition of alcohol, diluted or not, shall take place.
Wine spirit shall not be flavoured. This shall not preclude traditional production methods.
Wine spirit may only contain added caramel as a means of adjusting the colour.
Wine spirit may be sweetened in order to round off the final taste. However, the final product may not contain more than 20 grams of sweetening products per litre, expressed as invert sugar.
Where wine spirit has been matured, it may continue to be placed on the market as ‘wine spirit’ provided that it has been matured for as long as, or longer than, the maturation period provided for in respect of the spirit drink defined under category 5.
This Regulation shall be without prejudice to the use of the term ‘Branntwein’ in combination with the term ‘essig’ in the presentation and labelling of vinegar.
5. Brandy or Weinbrand
Brandy or Weinbrand is a spirit drink which meets the following requirements:
it is produced from wine spirit to which wine distillate may be added, provided that that wine distillate has been distilled at less than 94,8 % vol. and does not exceed a maximum of 50 % of the alcoholic content of the finished product;
it has matured for at least:
it has a volatile substances content equal to or exceeding 125 grams per hectolitre of 100 % vol. alcohol, and derived exclusively from the distillation of the raw materials used;
it has a maximum methanol content of 200 grams per hectolitre of 100 % vol. alcohol.
The minimum alcoholic strength by volume of brandy or Weinbrand shall be 36 %.
No addition of alcohol, diluted or not, shall take place.
Brandy or Weinbrand shall not be flavoured. This shall not preclude traditional production methods.
Brandy or Weinbrand may only contain added caramel as a means of adjusting the colour.
Brandy or Weinbrand may be sweetened in order to round off the final taste. However, the final product may not contain more than 35 grams of sweetening products per litre, expressed as invert sugar.
6. Grape marc spirit or grape marc
Grape marc spirit or grape marc is a spirit drink which meets the following requirements:
it is produced exclusively from grape marc fermented and distilled either directly by water vapour or after water has been added and both of the following conditions are fulfilled:
a quantity of lees may be added to the grape marc that does not exceed 25 kg of lees per 100 kg of grape marc used;
the quantity of alcohol derived from the lees shall not exceed 35 % of the total quantity of alcohol in the finished product;
it has a volatile substances content equal to or exceeding 140 grams per hectolitre of 100 % vol. alcohol and has a maximum methanol content of 1 000 grams per hectolitre of 100 % vol. alcohol.
The minimum alcoholic strength by volume of grape marc spirit or grape marc shall be 37,5 %.
No addition of alcohol, diluted or not, shall take place.
Grape marc spirit or grape marc shall not be flavoured. This shall not preclude traditional production methods.
Grape marc spirit or grape marc may only contain added caramel as a means of adjusting the colour.
Grape marc spirit or grape marc may be sweetened in order to round off the final taste. However, the final product may not contain more than 20 grams of sweetening products per litre, expressed as invert sugar.
7. Fruit marc spirit
Fruit marc spirit is a spirit drink which meets the following requirements:
it is produced exclusively by fermentation and distillation of fruit marc other than grape marc and both of the following conditions are fulfilled:
it has a minimum volatile substances content of 200 grams per hectolitre of 100 % vol. alcohol;
the maximum methanol content shall be 1 500 grams per hectolitre of 100 % vol. alcohol;
the maximum hydrocyanic acid content shall be 7 grams per hectolitre of 100 % vol. alcohol in the case of stone-fruit marc spirit.
The minimum alcoholic strength by volume of fruit marc spirit shall be 37,5 %.
No addition of alcohol, diluted or not, shall take place.
Fruit marc spirit shall not be flavoured.
Fruit marc spirit may only contain added caramel as a means of adjusting the colour.
Fruit marc spirit may be sweetened in order to round off the final taste. However, the final product may not contain more than 20 grams of sweetening products per litre, expressed as invert sugar.
The legal name shall consist of the name of the fruit followed by ‘marc spirit’. If marc of several different fruits is used, the legal name shall be ‘fruit marc spirit’ and may be supplemented by the name of each fruit in decreasing order of the quantity used.
8. Raisin spirit or raisin brandy
Raisin spirit or raisin brandy is a spirit drink produced exclusively by the distillation of the product obtained by the alcoholic fermentation of extract of dried grapes of the ‘Corinth Black’ or ‘Moscatel of Alexandria’ varieties, distilled at less than 94,5 % vol., so that the distillate has an aroma and taste derived from the raw materials used.
The minimum alcoholic strength by volume of raisin spirit or raisin brandy shall be 37,5 %.
No addition of alcohol, diluted or not, shall take place.
Raisin spirit or raisin brandy shall not be flavoured.
Raisin spirit or raisin brandy may only contain added caramel as a means of adjusting the colour.
Raisin spirit or raisin brandy may be sweetened in order to round off the final taste. However, the final product may not contain more than 20 grams of sweetening products per litre, expressed as invert sugar.
9. Fruit spirit
Fruit spirit is a spirit drink which meets the following requirements:
it is produced exclusively by the alcoholic fermentation and distillation, with or without stones, of fresh and fleshy fruit, including bananas, or the must of such fruit, berries or vegetables;
each and every distillation shall be carried out at less than 86 % vol. so that the distillate has an aroma and taste derived from the raw materials distilled;
it has a volatile substances content equal to or exceeding 200 grams per hectolitre of 100 % vol. alcohol;
in the case of stone-fruit spirits, it has a hydrocyanic acid content not exceeding 7 grams per hectolitre of 100 % vol. alcohol.
The maximum methanol content of fruit spirit shall be 1 000 grams per hectolitre of 100 % vol. alcohol, except:
in the case of fruit spirits produced from the following fruits or berries, and in respect of which the maximum methanol content shall be 1 200 grams per hectolitre of 100 % vol. alcohol:
in the case of fruit spirits produced from the following fruits or berries, and in respect of which the maximum methanol content shall be 1 350 grams per hectolitre of 100 % vol. alcohol:
The minimum alcoholic strength by volume of fruit spirit shall be 37,5 %.
Fruit spirit shall not be coloured.
Notwithstanding point (d) of this category and by way of derogation from food category 14.2.6 of Part E of Annex II to Regulation (EC) No 1333/2008, caramel may be used to adjust the colour of fruit spirits that have been aged at least one year in contact with wood.
No addition of alcohol, diluted or not, shall take place.
Fruit spirit shall not be flavoured.
Fruit spirit may be sweetened in order to round off the final taste. However, the final product may not contain more than 18 grams of sweetening products per litre, expressed as invert sugar.
The legal name of fruit spirit shall be ‘spirit’ supplemented by the name of the fruit, berry or vegetable. In the Bulgarian, Czech, Greek, Croatian, Polish, Romanian, Slovak and Slovenian languages, the legal name may be expressed by the name of the fruit, berry or vegetable, supplemented by a suffix.
Alternatively:
the legal name referred to in the first subparagraph may be ‘wasser’, used together with the name of the fruit; or
the following legal names may be used in the following cases:
The name ‘ Williams ’ or ‘williams’ may be used only to place on the market pear spirit produced solely from pears of the ‘Williams’ variety.
If there is a risk that the final consumer does not easily understand one of the legal names not containing the word ‘spirit’ referred to in this point, the description, presentation and labelling shall include the word ‘spirit’, which may be supplemented by an explanation.
Whenever two or more fruits, berries or vegetables are distilled together, the product shall be placed on the market under the legal name:
The legal name may be supplemented by that of each fruit, berry or vegetable, in decreasing order of the quantity used.
10. Cider spirit, perry spirit and cider and perry spirit
Cider spirit, perry spirit and cider and perry spirit are spirit drinks which meet the following requirements:
they are produced exclusively by the distillation at less than 86 % vol. of cider or perry so that the distillate has an aroma and taste derived from the fruits;
they have a volatile substances content equal to or exceeding 200 grams per hectolitre of 100 % vol. alcohol;
they have a maximum methanol content of 1 000 grams per hectolitre of 100 % vol. alcohol.
The minimum alcoholic strength by volume of cider spirit, perry spirit and cider and perry spirit shall be 37,5 %.
No addition of alcohol, diluted or not, shall take place.
Cider spirit, perry spirit and cider and perry spirit shall not be flavoured. This shall not preclude traditional production methods.
Cider spirit, perry spirit and cider and perry spirit may only contain added caramel as a means of adjusting the colour.
Cider spirit, perry spirit and cider and perry spirit may be sweetened in order to round off the final taste. However, the final product may not contain more than 15 grams of sweetening products per litre, expressed as invert sugar.
The legal name shall be:
11. Honey spirit
Honey spirit is a spirit drink which meets the following requirements:
it is produced exclusively by fermentation and distillation of honey mash;
it is distilled at less than 86 % vol. so that the distillate has the organoleptic characteristics derived from the raw materials used.
The minimum alcoholic strength by volume of honey spirit shall be 35 %.
No addition of alcohol, diluted or not, shall take place.
Honey spirit shall not be flavoured.
Honey spirit may only contain added caramel as a means of adjusting the colour.
Honey spirit may only be sweetened with honey in order to round of the final taste. However, the final product may not contain more than 20 grams of honey per litre, expressed as invert sugar.
12. Hefebrand or lees spirit
Hefebrand or lees spirit is a spirit drink produced exclusively by the distillation at less than 86 % vol. of lees of wine, lees of beer or lees of fermented fruit.
The minimum alcoholic strength by volume of Hefebrand or lees spirit shall be 38 %.
No addition of alcohol, diluted or not, shall take place.
Hefebrand or lees spirit shall not be flavoured.
Hefebrand or lees spirit may only contain added caramel as a means of adjusting the colour.
Hefebrand or lees spirit may be sweetened in order to round off the final taste. However, the final product may not contain more than 20 grams of sweetening products per litre, expressed as invert sugar.
The legal name ‘Hefebrand’ or ‘lees spirit’ shall be supplemented by the name of the raw materials used.
13. Beer spirit
Beer spirit is a spirit drink produced exclusively by direct distillation under normal pressure of fresh beer with an alcoholic strength by volume of less than 86 %, so that the resulting distillate has organoleptic characteristics deriving from the beer.
The minimum alcoholic strength by volume of beer spirit shall be 38 %.
No addition of alcohol, diluted or not, shall take place.
Beer spirit shall not be flavoured.
Beer spirit may only contain added caramel as a means of adjusting the colour.
Beer spirit may be sweetened in order to round off the final taste. However, the final product may not contain more than 20 grams of sweetening products per litre, expressed as invert sugar.
14. Topinambur or Jerusalem artichoke spirit
Topinambur or Jerusalem artichoke spirit is a spirit drink produced exclusively by fermentation and distillation at less than 86 % vol. of Jerusalem artichoke tubers (Helianthus tuberosus L.).
The minimum alcoholic strength by volume of topinambur or Jerusalem artichoke spirit shall be 38 %.
No addition of alcohol, diluted or not, shall take place.
Topinambur or Jerusalem artichoke spirit shall not be flavoured.
Topinambur or Jerusalem artichoke spirit may only contain added caramel as a means of adjusting the colour.
Topinambur or Jerusalem artichoke spirit may be sweetened in order to round off the final taste. However, the final product may not contain more than 20 grams of sweetening products per litre, expressed as invert sugar.
15. Vodka
Vodka is a spirit drink produced from ethyl alcohol of agricultural origin obtained following fermentation with yeast of either:
distilled so that the organoleptic characteristics of the raw materials used and by-products formed in fermentation are selectively reduced.
This may be followed by additional distillation or treatment with appropriate processing aids or both, including treatment with activated charcoal, to give it special organoleptic characteristics.
Maximum levels of residue for the ethyl alcohol of agricultural origin used to produce vodka shall meet those levels set out in point (d) of Article 5, except that the methanol content shall not exceed 10 grams per hectolitre of 100 % vol. alcohol.
The minimum alcoholic strength by volume of vodka shall be 37,5 %.
The only flavourings which may be added are natural flavouring substances or flavouring preparations that are present in distillate obtained from the fermented raw materials. In addition, the product may be given special organoleptic characteristics, other than a predominant flavour.
Vodka shall not be coloured.
Vodka may be sweetened in order to round off the final taste. However, the final product may not contain more than 8 grams of sweetening products per litre, expressed as invert sugar.
The description, presentation or labelling of vodka not produced exclusively from potatoes or cereals or both shall prominently bear the indication ‘produced from …’, supplemented by the name of the raw materials used to produce the ethyl alcohol of agricultural origin. This indication shall appear in the same visual field as the legal name.
The legal name may be ‘vodka’ in any Member State.
16. Spirit (supplemented by the name of the fruit, berries or nuts) obtained by maceration and distillation
Spirit (supplemented by the name of the fruit, berries or nuts) obtained by maceration and distillation is a spirit drink which meets the following requirements:
it has been produced by:
it is produced from the following fruits, berries or nuts:
The minimum alcoholic strength by volume of a spirit (supplemented by the name of the fruit, berries or nuts) obtained by maceration and distillation shall be 37,5 %.
Spirit (supplemented by the name of the fruit, berries or nuts) obtained by maceration and distillation shall not be flavoured.
Spirit (supplemented by the name of the fruit, berries or nuts) obtained by maceration and distillation shall not be coloured.
Notwithstanding point (d) and by way of derogation from food category 14.2.6 of Part E of Annex II to Regulation (EC) No 1333/2008, caramel may be used to adjust the colour of spirit (supplemented by the name of the fruit, berries or nuts) obtained by maceration and distillation that has been aged at least one year in contact with wood.
Spirit (supplemented by the name of the fruit, berries or nuts) obtained by maceration and distillation may be sweetened in order to round off the final taste. However, the final product may not contain more than 18 grams of sweetening products per litre, expressed as invert sugar.
As regards the description, presentation and labelling of spirit (supplemented by the name of the fruit, berries or nuts) obtained by maceration and distillation, the wording ‘obtained by maceration and distillation’ shall appear in the description, presentation or labelling in characters of the same font, size and colour and in the same visual field as the wording ‘spirit (supplemented by the name of the fruit, berries or nuts)’ and, in the case of bottles, on the front label.
17. Geist (supplemented by the name of the fruit or the raw materials used)
Geist (supplemented by the name of the fruit or the raw materials used) is a spirit drink produced by maceration of unfermented fruits and berries listed in point (a)(ii) of category 16 or vegetables, nuts, other plant materials, such as herbs or rose petals, or mushrooms in ethyl alcohol of agricultural origin, followed by distillation at less than 86 % vol.
The minimum alcoholic strength by volume of Geist (supplemented by the name of the fruit or the raw materials used) shall be 37,5 %.
Geist (supplemented by the name of the fruit or the raw materials used) shall not be flavoured.
Geist (supplemented by the name of the fruit or the raw materials used) shall not be coloured.
Geist (supplemented by the name of the fruit or the raw materials used) may be sweetened in order to round off the final taste. However, the final product may not contain more than 10 grams of sweetening products per litre, expressed as invert sugar.
The term ‘-geist’ preceded by a term other than the name of a fruit, plant or other raw material may supplement the legal name of other spirit drinks and alcoholic beverages, provided that such use does not mislead the consumer.
18. Gentian
Gentian is a spirit drink produced from a distillate of gentian, itself obtained by the fermentation of gentian roots with or without the addition of ethyl alcohol of agricultural origin.
The minimum alcoholic strength by volume of gentian shall be 37,5 %.
Gentian shall not be flavoured.
19. Juniper-flavoured spirit drink
A juniper-flavoured spirit drink is a spirit drink produced by flavouring ethyl alcohol of agricultural origin or grain spirit or grain distillate or a combination thereof with juniper (Juniperus communis L. or Juniperus oxicedrus L.) berries.
The minimum alcoholic strength by volume of a juniper-flavoured spirit drink shall be 30 %.
Flavouring substances, flavouring preparations, plants with flavouring properties or parts of plants with flavouring properties or a combination thereof may be used in addition to juniper berries, but the organoleptic characteristics of juniper shall be discernible, even if they are sometimes attenuated.
A juniper-flavoured spirit drink may bear the legal name ‘Wacholder’ or ‘genebra’.
20. Gin
Gin is a juniper-flavoured spirit drink produced by flavouring ethyl alcohol of agricultural origin with juniper berries (Juniperus communis L.).
The minimum alcoholic strength by volume of gin shall be 37,5 %.
Only flavouring substances or flavouring preparations or both shall be used for the production of gin so that the taste is predominantly that of juniper.
The term ‘gin’ may be supplemented by the term ‘dry’ if it does not contain added sweetening exceeding 0,1 grams of sweetening products per litre of the final product, expressed as invert sugar.
21. Distilled gin
Distilled gin is one of the following:
a juniper-flavoured spirit drink produced exclusively by distilling ethyl alcohol of agricultural origin with an initial alcoholic strength of at least 96 % vol. in the presence of juniper berries (Juniperus communis L.) and of other natural botanicals, provided that the juniper taste is predominant;
the combination of the product of such distillation and ethyl alcohol of agricultural origin with the same composition, purity and alcoholic strength; flavouring substances or flavouring preparations as specified in point (c) of category 20 or both may also be used to flavour distilled gin.
The minimum alcoholic strength by volume of distilled gin shall be 37,5 %.
Gin produced simply by adding essences or flavourings to ethyl alcohol of agricultural origin shall not be considered distilled gin.
The term ‘distilled gin’ may be supplemented by or incorporate the term ‘dry’ if it does not contain added sweetening exceeding 0,1 grams of sweetening products per litre of the final product, expressed as invert sugar.
22. London gin
London gin is distilled gin which meets the following requirements:
it is produced exclusively from ethyl alcohol of agricultural origin, with a maximum methanol content of 5 grams per hectolitre of 100 % vol. alcohol, the flavour of which is imparted exclusively through the distillation of ethyl alcohol of agricultural origin in the presence of all the natural plant materials used;
the resulting distillate contains at least 70 % alcohol by vol.;
any further ethyl alcohol of agricultural origin that is added shall comply with the requirements laid down in Article 5 but with a maximum methanol content of 5 grams per hectolitre of 100 % vol. alcohol;
it is not coloured;
it is not sweetened in excess of 0,1 grams of sweetening products per litre of the final product, expressed as invert sugar;
it does not contain any other ingredients than the ingredients referred to in points (i), (iii) and (v), and water.
The minimum alcoholic strength by volume of London gin shall be 37,5 %.
The term ‘London gin’ may be supplemented by or incorporate the term ‘dry’.
23. Caraway-flavoured spirit drink or Kümmel
A caraway-flavoured spirit drink or Kümmel is a spirit drink produced by flavouring ethyl alcohol of agricultural origin with caraway (Carum carvi L.).
The minimum alcoholic strength by volume of a caraway-flavoured spirit drink or Kümmel shall be 30 %.
Flavouring substances or flavouring preparations or both may additionally be used but there shall be a predominant taste of caraway.
24. Akvavit or aquavit
Akvavit or aquavit is a spirit drink flavoured with caraway or dill seeds or both, produced by using ethyl alcohol of agricultural origin flavoured with a distillate of plants or spices.
The minimum alcoholic strength by volume of akvavit or aquavit shall be 37,5 %.
Natural flavouring substances or flavouring preparations or both may additionally be used, but the flavour of these drinks shall be largely attributable to distillates of caraway (Carum carvi L.) or dill (Anethum graveolens L.) seeds or both, the use of essential oils being prohibited.
The bitter substances shall not obviously dominate the taste; the dry extract content shall not exceed 1,5 grams per 100 millilitres.
25. Aniseed-flavoured spirit drink
An aniseed-flavoured spirit drink is a spirit drink produced by flavouring ethyl alcohol of agricultural origin with natural extracts of star anise (Illicium verum Hook f.), anise (Pimpinella anisum L.), fennel (Foeniculum vulgare Mill.), or any other plant which contains the same principal aromatic constituent, using one of the following processes or a combination thereof:
maceration or distillation or both;
distillation of the alcohol in the presence of the seeds or other parts of the plants specified above;
addition of natural distilled extracts of aniseed-flavoured plants.
The minimum alcoholic strength by volume of an aniseed-flavoured spirit drink shall be 15 %.
An aniseed-flavoured spirit drink may only be flavoured with flavouring preparations and natural flavouring substances.
Other natural plant extracts or aromatic seed may also be used, but the aniseed taste shall remain predominant.
26. Pastis
Pastis is an aniseed-flavoured spirit drink which also contains natural extracts of liquorice root (Glycyrrhiza spp.), which implies the presence of the colorants known as ‘chalcones’ as well as glycyrrhizic acid, the minimum and maximum levels of which shall be 0,05 and 0,5 grams per litre, respectively.
The minimum alcoholic strength by volume of pastis shall be 40 %.
Pastis may only be flavoured with flavouring preparations and natural flavouring substances.
Pastis shall contain less than 100 grams of sweetening products per litre, expressed as invert sugar, and have a minimum and maximum anethole level of 1,5 and 2 grams per litre, respectively.
27. Pastis de Marseille
Pastis de Marseille is a pastis with a pronounced anise taste with an anethole content between 1,9 and 2,1 grams per litre.
The minimum alcoholic strength by volume of pastis de Marseille shall be 45 %.
Pastis de Marseille may only be flavoured with flavouring preparations and natural flavouring substances.
28. Anis or janeževec
Anis or janeževec is an aniseed-flavoured spirit drink whose characteristic flavour is derived exclusively from anise (Pimpinella anisum L.), star anise (Illicium verum Hook f.) or fennel (Foeniculum vulgare Mill.) or a combination of them.
The minimum alcoholic strength by volume of anis or janeževec shall be 35 %.
Anis or janeževec may only be flavoured with flavouring preparations and natural flavouring substances.
29. Distilled anis
Distilled anis is anis which contains alcohol distilled in the presence of the seeds referred to in point (a) of category 28 and, in the case of geographical indications, mastic and other aromatic seeds, plants or fruits, provided such alcohol constitutes at least 20 % of the alcoholic strength of the distilled anis.
The minimum alcoholic strength by volume of distilled anis shall be 35 %.
Distilled anis may only be flavoured with flavouring preparations and natural flavouring substances.
30. Bitter-tasting spirit drink or bitter
A bitter-tasting spirit drink or bitter is a spirit drink with a predominantly bitter taste produced by flavouring ethyl alcohol of agricultural origin or distillate of agricultural origin or both with flavouring substances or flavouring preparations or both.
The minimum alcoholic strength by volume of a bitter-tasting spirit drink or bitter shall be 15 %.
Without prejudice to the use of such terms in the presentation and labelling of foodstuffs other than spirit drinks, a bitter-tasting spirit drink or bitter may also be placed on the market under the names ‘bitter’ or ‘bitter’ with or without another term.
Notwithstanding point (c), the term ‘bitter’ or ‘bitter’ may be used in the description, presentation and labelling of bitter-tasting liqueurs.
31. Flavoured vodka
Flavoured vodka is vodka which has been given a predominant flavour other than that of the raw materials used to produce the vodka.
The minimum alcoholic strength by volume of flavoured vodka shall be 37,5 %.
Flavoured vodka may be sweetened, blended, flavoured, matured or coloured.
When flavoured vodka is sweetened, the final product shall contain less than 100 grams of sweetening products per litre, expressed as invert sugar.
The legal name of flavoured vodka may also be the name of any predominant flavour combined with the word ‘vodka’. The term ‘vodka’ in any official Union language may be replaced by ‘vodka’.
32. Sloe-aromatised spirit drink or pacharán
A sloe-aromatised spirit drink or pacharán is a spirit drink which has a predominant sloe taste and is produced by the maceration of sloes (Prunus spinosa) in ethyl alcohol of agricultural origin, with the addition of natural extracts of anise or distillates of anise or both.
The minimum alcoholic strength by volume of a sloe-aromatised spirit drink or pacharán shall be 25 %.
For the production of a sloe-aromatised spirit drink or pacharán, a minimum quantity of 125 grams of sloe fruits per litre of the final product shall be used.
A sloe-aromatised spirit drink or pacharán shall have a content of sweetening products, expressed as invert sugar, between 80 and 250 grams per litre of the final product.
The organoleptic characteristics, colour and taste of a sloe-aromatised spirit drink or pacharán shall be provided exclusively by the fruit used and the anise.
The term ‘pacharán’ may be used as a legal name only when the product is produced in Spain. When the product is produced outside Spain, ‘pacharán’ may only be used to supplement the legal name ‘sloe-aromatised spirit drink’, provided that it is accompanied by the words: ‘produced in …’, followed by the name of the Member State or third country of production.
33. Liqueur
Liqueur is a spirit drink:
having a minimum content of sweetening products, expressed as invert sugar, of:
produced using ethyl alcohol of agricultural origin or a distillate of agricultural origin or one or more spirit drinks or a combination thereof, which has been sweetened and to which one or more flavourings, products of agricultural origin or foodstuffs have been added.
The minimum alcoholic strength by volume of liqueur shall be 15 %.
Flavouring substances and flavouring preparations may be used in the production of liqueur.
However, the following liqueurs may only be flavoured with flavouring foodstuffs, flavouring preparations and natural flavouring substances:
fruit liqueurs:
plant liqueurs:
The legal name may be ‘liqueur’ in any Member State and:
The following compound terms may be used in the description, presentation and labelling of liqueurs produced in the Union, where ethyl alcohol of agricultural origin or distillate of agricultural origin is used to mirror established production methods:
As regards the description, presentation and labelling of the liqueurs referred to in this point, the compound term shall appear in one line in uniform characters of the same font and colour and the word ‘liqueur’ shall appear in immediate proximity in characters no smaller than that font. If the alcohol does not come from the spirit drink indicated, its origin shall be shown on the label in the same visual field as the compound term and the word ‘liqueur’ either by stating the type of agricultural alcohol or by the words ‘agricultural alcohol’ preceded on each occasion by ‘made from’ or ‘made using’.
Without prejudice to Articles 11 and 12 and Article 13(4), the legal name ‘liqueur’ may be supplemented by the name of a flavouring or foodstuff that confers the predominant flavour of the spirit drink, provided that the flavour is conferred on the spirit drink by flavouring foodstuffs, flavouring preparations and natural flavouring substances, derived from the raw material referred to in the name of the flavouring or of the foodstuff, supplemented by flavouring substances only where necessary to reinforce the flavour of that raw material.
34. Crème de (supplemented by the name of a fruit or other raw material used)
Crème de (supplemented by the name of a fruit or other raw material used) is a liqueur which has a minimum content of sweetening products of 250 grams per litre expressed as invert sugar.
The minimum alcoholic strength by volume of crème de (supplemented by the name of a fruit or other raw material used) shall be 15 %.
The rules on flavouring substances and flavouring preparations for liqueurs laid down under category 33 shall apply to this spirit drink.
The raw materials used shall exclude milk and milk products.
The fruit or any other raw material used in the legal name shall be the fruit or the raw material that confers on that spirit drink its predominant flavour.
The legal name may be supplemented by the term ‘liqueur’.
The legal name ‘crème de cassis’ may only be used for liqueurs produced with blackcurrants, which have a content of sweetening products of more than 400 grams per litre expressed as invert sugar.
35. Sloe gin
Sloe gin is a liqueur produced by maceration of sloes in gin with the possible addition of sloe juice.
The minimum alcoholic strength by volume of sloe gin shall be 25 %.
Only natural flavouring substances and flavouring preparations may be used in the production of sloe gin.
The legal name may be supplemented by the term ‘liqueur’.
36. Sambuca
Sambuca is a colourless aniseed-flavoured liqueur which meets the following requirements:
it contains distillates of anise (Pimpinella anisum L.), star anise (Illicium verum L.) or other aromatic herbs;
it has a minimum content of sweetening products of 350 grams per litre expressed as invert sugar;
it has a natural anethole content of not less than 1 gram and not more than 2 grams per litre.
The minimum alcoholic strength by volume of sambuca shall be 38 %.
The rules on flavouring substances and flavouring preparations for liqueurs laid down under category 33 shall apply to sambuca.
Sambuca shall not be coloured.
The legal name may be supplemented by the term ‘liqueur’.
37. Maraschino, marrasquino or maraskino
Maraschino, marrasquino or maraskino is a colourless liqueur the flavour of which is given mainly by a distillate of marasca cherries or of the product produced by macerating cherries or parts of cherries in ethyl alcohol of agricultural origin or in a distillate of marasca cherries, with a minimum content of sweetening products of 250 grams per litre expressed as invert sugar.
The minimum alcoholic strength by volume of maraschino, marrasquino or maraskino shall be 24 %.
The rules on flavouring substances and flavouring preparations for liqueurs laid down under category 33 shall apply to maraschino, marrasquino or maraskino.
Maraschino, marrasquino or maraskino shall not be coloured.
The legal name may be supplemented by the term ‘liqueur’.
38. Nocino or orehovec
Nocino or orehovec is a liqueur the flavour of which is given mainly by maceration, or by maceration and distillation, of whole green walnuts (Juglans regia L.), with a minimum content of sweetening products of 100 grams per litre expressed as invert sugar.
The minimum alcoholic strength by volume of nocino or orehovec shall be 30 %.
The rules on flavouring substances and flavouring preparations for liqueurs laid down under category 33 shall apply to nocino or orehovec.
The legal name may be supplemented by the term ‘liqueur’.
39. Egg liqueur or advocaat or avocat or advokat
Egg liqueur or advocaat or avocat or advokat is a liqueur, whether flavoured or not, produced from ethyl alcohol of agricultural origin, distillate of agricultural origin or spirit drink, or a combination thereof, and the ingredients of which are quality egg yolk, egg white and sugar or honey or both. The minimum sugar or honey content shall be 150 grams per litre expressed as invert sugar. The minimum content of pure egg yolk shall be 140 grams per litre of the final product. Any use of eggs from hens belonging to a species other than Gallus gallus shall be indicated on the label.
The minimum alcoholic strength by volume of egg liqueur or advocaat or avocat or advokat shall be 14 %.
Only flavouring foodstuffs, flavouring substances and flavouring preparations may be used in the production of egg liqueur or advocaat or avocat or advokat.
Milk and milk products may be used in the production of egg liqueur or advocaat or avocat or advokat.
40. Liqueur with egg
Liqueur with egg is a liqueur, whether flavoured or not, produced from ethyl alcohol of agricultural origin, distillate of agricultural origin or spirit drink, or a combination thereof, the characteristic ingredients of which are quality egg yolk, egg white and sugar or honey or both. The minimum sugar or honey content shall be 150 grams per litre expressed as invert sugar. The minimum egg yolk content shall be 70 grams per litre of the final product.
The minimum alcoholic strength by volume of liqueur with egg shall be 15 %.
Only flavouring foodstuffs, natural flavouring substances and flavouring preparations may be used in the production of liqueur with egg.
Milk and milk products may be used in the production of liqueur with egg.
41. Mistrà
Mistrà is a colourless spirit drink flavoured with aniseed or natural anethole which meets the following requirements:
it has an anethole content of not less than 1 gram and not more than 2 grams per litre;
it may also contain a distillate of aromatic herbs;
it has not been sweetened.
The minimum alcoholic strength by volume of mistrà shall be 40 % and the maximum alcoholic strength by volume shall be 47 %.
Mistrà may only be flavoured with flavouring preparations and natural flavouring substances.
Mistrà shall not be coloured.
42. Väkevä glögi or spritglögg
Väkevä glögi or spritglögg is a spirit drink produced by flavouring wine or wine products and ethyl alcohol of agricultural origin with the flavour of cloves or cinnamon or both, using one of the following processes or a combination thereof:
maceration or distillation,
distillation of the alcohol in the presence of parts of the plants specified above,
addition of natural flavouring substances of cloves or cinnamon.
The minimum alcoholic strength by volume of väkevä glögi or spritglögg shall be 15 %.
Väkevä glögi or spritglögg may only be flavoured with flavouring substances, flavouring preparations or other flavourings but the flavour of the spices specified in point (a) shall be predominant.
The content of wine or wine products shall not exceed 50 % of the final product.
43. Berenburg or Beerenburg
Berenburg or Beerenburg is a spirit drink which meets the following requirements:
it is produced using ethyl alcohol of agricultural origin;
it is produced by the maceration of fruit or plants or parts thereof;
it contains as a specific flavour distillate of gentian root (Gentiana lutea L.), of juniper berries (Juniperus communis L.) and of laurel leaves (Laurus nobilis L.);
it varies in colour from light to dark brown;
it may be sweetened to a maximum of 20 grams of sweetening products per litre expressed as invert sugar.
The minimum alcoholic strength by volume of Berenburg or Beerenburg shall be 30 %.
Berenburg or Beerenburg may only be flavoured with flavouring preparations and natural flavouring substances.
44. Honey nectar or mead nectar
Honey nectar or mead nectar is a spirit drink produced by flavouring a mixture of fermented honey mash and honey distillate or ethyl alcohol of agricultural origin or both, which contains at least 30 % vol. of fermented honey mash.
The minimum alcoholic strength by volume of honey nectar or mead nectar shall be 22 %.
Honey nectar or mead nectar may only be flavoured with flavouring preparations and natural flavouring substances, provided that the honey taste is predominant.
Honey nectar or mead nectar may only be sweetened with honey.
ANNEX II
SPECIFIC RULES CONCERNING CERTAIN SPIRIT DRINKS
|
1. |
Rum-Verschnitt is produced in Germany and obtained by mixing rum and ethyl alcohol of agricultural origin, in such a manner that a minimum proportion of 5 % of the alcohol contained in the final product shall come from rum. The minimum alcoholic strength by volume of Rum-Verschnitt shall be 37,5 %. The word ‘ Verschnitt ’ shall appear in the description, presentation and labelling in characters of the same font, size and colour as, and on the same line as, the word ‘ Rum ’ and, in the case of bottles, on the front label. The legal name of this product shall be ‘spirit drink’. Where Rum-Verschnitt is placed on the market outside Germany, its alcoholic composition shall appear on the label. |
|
2. |
Slivovice is produced in Czechia and obtained by the addition to the plum distillate, before the final distillation, of ethyl alcohol of agricultural origin, in such a manner that a minimum proportion of 70 % of the alcohol contained in the final product shall come from plum distillate. The legal name of this product shall be ‘spirit drink’. The name ‘ slivovice ’ may be added if it appears in the same visual field on the front label. If slivovice is placed on the market outside Czechia, its alcoholic composition shall appear on the label. This provision shall be without prejudice to the use of the legal names for fruit spirits in category 9 of Annex I. |
|
3. |
Guignolet Kirsch is produced in France and obtained by mixing guignolet and kirsch, in such a manner that a minimum proportion of 3 % of the total pure alcohol contained in the final product shall come from kirsch. The word ‘ guignolet ’ shall appear in the description, presentation and labelling in characters of the same font, size and colour as, and on the same line as, the word ‘ kirsch ’ and, in case of bottles, on the front label. The legal name of this product shall be ‘liqueur’. Its alcoholic composition shall indicate the percentage by volume of pure alcohol that guignolet and kirsch represent in the total pure alcohol content by volume of guignolet kirsch. |
ANNEX III
DYNAMIC OR ‘ CRIADERAS Y SOLERA ’ OR ‘ SOLERA E CRIADERAS ’ AGEING SYSTEM
The dynamic or ‘ criaderas y solera ’ or ‘ solera e criaderas ’ ageing system consists in the execution of periodical extractions of a portion of the brandy contained in each of the oak casks and containers that form an ageing scale and the corresponding replenishments with brandy extracted from the preceding ageing scale.
Definitions
The average age of the brandy drawn from the solera shall be calculated using the following formula: t = Vt/Ve, in which:
In the case of oak casks and containers of less than 1 000 litres, the number of annual extractions and replenishments shall be equal to or lower than twice the number of scales in the system, in order to guarantee that the youngest component has an age equal to or higher than six months.
In the case of oak casks and containers of 1 000 litres or more, the number of annual extractions and replenishments shall be equal to or lower than the number of scales in the system, in order to guarantee that the youngest component has an age equal to or higher than one year.
ANNEX IV
Correlation table
|
This Regulation |
Regulation (EC) No 110/2008 |
|
Article 1(1) and (2) |
Article 1(1) and (2) |
|
Article 2, points (a) to (d) |
Article 2(1) and (3) |
|
Article 2, point (e) |
Article 2(2) |
|
Article 2, point (f) |
Annex I, point 6 |
|
Article 3(1) |
Article 8 |
|
Article 3(2) and (3) |
Article 10 |
|
Article 3(4) |
Article 15(1) |
|
Article 3(5) |
— |
|
Article 3(6) |
— |
|
Article 3(7) |
Article 15(3), third subparagraph |
|
Article 3(8) |
— |
|
Article 3(9) and (10) |
Article 11(2) and Annex I, point 4 |
|
Article 3(11) and (12) |
Annex I, point (7) |
|
Article 4(1) |
Article 7 and Annex I, point (14) |
|
Article 4(2) |
Article 7 and Annex I, point (15) |
|
Article 4(3) |
Article 7 and Annex I, point (16) |
|
Article 4(4) |
— |
|
Article 4(5) |
Annex I, point (17) |
|
Article 4(6) |
— |
|
Article 4(7) |
Annex I, point (2) |
|
Article 4(8) |
Annex I, point (3) |
|
Article 4(9) |
Annex I, point (3) |
|
Article 4(10) |
Annex I, point (5) |
|
Article 4(11) |
Annex I, point (8) |
|
Article 4(12) |
Annex I, point (9) |
|
Article 4(13) |
— |
|
Article 4(14) |
— |
|
Article 4(15) |
— |
|
Article 4(16) |
— |
|
Article 4(17) |
— |
|
Article 4(18) |
— |
|
Article 4(19) and (20) |
Annex I, point (10) |
|
Article 4(21) |
— |
|
Article 4(22) |
— |
|
Article 4(23) |
Annex I, point (11) |
|
Article 4(24) |
Annex I, point (12) |
|
Article 5 |
Annex I, point (1) |
|
Article 6(1) |
Article 3(1) |
|
Article 6(2) |
Article 3(3) |
|
Article 6(3) |
Article 3(4) |
|
Article 7(1) |
Article 4 |
|
Article 7(2) |
Article 5(1) |
|
Article 7(3) |
Article 5(2) |
|
Article 7(4) |
Article 5(3) |
|
Article 8(1) |
Article 26 |
|
Article 8(2) |
Article 1(3) |
|
Article 8(3) |
— |
|
Article 8(4) |
— |
|
Article 9 |
— |
|
Article 10(1) |
— |
|
Article 10(2) |
Article 9(1) |
|
Article 10(3) |
Article 9(2) |
|
Article 10(4) |
Article 9(3) |
|
Article 10(5) |
Article 9(5) and (6) |
|
Article 10(6), points (a) to (c), (e) and (f) |
— |
|
Article 10(6)(d) |
Article 12(2) |
|
Article 10(7), first subparagraph |
Article 9(4) and (7) |
|
Article 10(7), second subparagraph |
— |
|
Article 11(1) |
Article 10(1) and (2) |
|
Article 11(2) and (3) |
— |
|
Article 12(1) |
Article 10(1) |
|
Article 12(2),(3) and (4) |
— |
|
Article 13(1) |
Article 12(1) |
|
Article 13(2) |
Article 9(9) |
|
Article 13(3), first and second subparagraph |
Article 11(4) |
|
Article 13(3), third subparagraph |
Article 11(5) |
|
Article 13(3), fourth subparagraph |
— |
|
Article 13(4), first subparagraph |
Article 11(3) |
|
Article 13(4), second subparagraph |
Article 11(4) |
|
Article 13(4), third subparagraph |
Article 11(5) |
|
Article 13(5) |
— |
|
Article 13(6) |
Article 12(3) |
|
Article 13(7) |
— |
|
Article 14(1) |
Annex I, point (13) |
|
Article 14(2) |
— |
|
Article 15(1) |
Article 14(2) |
|
Article 15(2) |
— |
|
Article 16 |
— |
|
Article 17 |
Article 13 |
|
Article 18 |
— |
|
Article 19(1) |
Article 12(3) |
|
Article 19(2) |
— |
|
Article 20, point (a) |
— |
|
Article 20, point (b) |
Article 28(2) |
|
Article 20, point (c) |
— |
|
Article 20, point (d) |
— |
|
Article 21(1) |
— |
|
Article 21(2) |
Article 16 |
|
Article 21(3) |
Article 15(3), first subparagraph |
|
Article 21(4) |
— |
|
Article 22(1), first subparagraph |
Article 17(4) |
|
Article 22(1), second subparagraph |
— |
|
Article 22(2) |
— |
|
Article 23(1), introductory wording and points (a), (b) and (c) |
— |
|
Article 23(1), second subparagraph |
Article 17(3) |
|
Article 23(2) |
Article 17(1), second sentence |
|
Article 24(1) to (4) |
— |
|
Article 24(5), (6) and (7) |
Article 17(2) |
|
Article 24(8) |
Article 17(3) |
|
Article 24(9) |
Article 17(1), first sentence |
|
Article 25 |
— |
|
Article 26(1), first subparagraph |
Article 17(5) |
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Article 26(1), second subparagraph |
— |
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Article 26(2) |
Article 17(6) |
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Article 27(1) |
Article 17(7), first sentence |
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Article 27(2), (3) and (4) |
— |
|
Article 27(5) |
Article 17(7), second sentence |
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Article 28 |
— |
|
Article 29 |
— |
|
Article 30(1), (2) and (3) |
Article 17(8), first sentence |
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Article 30(4), first subparagraph |
Article 17(8), second sentence |
|
Article 30(4), second subparagraph |
— |
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Article 31 |
Article 21 |
|
Article 32 |
Article 18 |
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Article 33(1) |
Article 15(2) |
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Article 33(2) and (3) |
— |
|
Article 34(1), (2) and (3) |
Article 19 |
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Article 34(4) |
— |
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Article 35(1), first subparagraph |
Article 15(3), second subparagraph |
|
Article 35(1), second subparagraph |
— |
|
Article 35(2) |
Article 23(3) |
|
Article 35(3) |
— |
|
Article 36(1) |
Article 23(1) |
|
Article 36(2) |
Article 23(2) |
|
Article 37 |
— |
|
Article 38(1) |
— |
|
Article 38(2) |
Article 22(1) |
|
Article 38(3) |
Article 22(2) |
|
Article 38(4) |
— |
|
Article 38(5) |
Article 22(3) |
|
Article 38(6) |
Article 22(4) |
|
Article 39(1) |
— |
|
Article 39(2) and (3) |
— |
|
Article 40 |
— |
|
Article 41 |
— |
|
Article 42 |
— |
|
Article 43(1) |
Article 24(1) |
|
Article 43(2) |
Article 24(3) |
|
Article 44(1) |
Article 24(2) |
|
Article 44(2) |
— |
|
Article 45 |
Article 6 |
|
Article 46 |
— |
|
Article 47 |
Article 25 |
|
Article 48 |
— |
|
Article 49 |
Article 29 |
|
Article 50 |
Article 28 |
|
Article 51 |
Article 30 |
|
Annex I, categories 1 to 31 |
Annex II, categories 1 to 31 |
|
Annex I, category 32 |
Annex II, category 37a |
|
Annex I, category 33 |
Annex II, category 32 |
|
Annex I, category 34 |
Annex II, category 33 |
|
Annex I, category 35 |
Annex II, category 37 |
|
Annex I, category 36 |
Annex II, category 38 |
|
Annex I, category 37 |
Annex II, category 39 |
|
Annex I, category 38 |
Annex II, category 40 |
|
Annex I, category 39 |
Annex II, category 41 |
|
Annex I, category 40 |
Annex II, category 42 |
|
Annex I, category 41 |
Annex II, category 43 |
|
Annex I, category 42 |
Annex II, category 44 |
|
Annex I, category 43 |
Annex II, category 45 |
|
Annex I, category 44 |
Annex II, category 46 |
|
Annex II |
Annex II, part under the Title ‘Other spirit drinks’ |
|
Annex III |
— |
|
Annex IV |
— |
( 1 ) Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption (OJ L 330, 5.12.1998, p. 32).
( 2 ) Directive 2009/54/EC of the European Parliament and of the Council of 18 June 2009 on the exploitation and marketing of natural mineral waters (OJ L 164, 26.6.2009, p. 45).
( 3 ) Council Directive 2001/111/EC of 20 December 2001 relating to certain sugars intended for human consumption (OJ L 10, 12.1.2002, p. 53).
( 4 ) Council Directive 2001/110/EC of 20 December 2001 relating to honey (OJ L 10, 12.1.2002, p. 47).
( 5 ) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).
( 6 ) Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).
( 7 ) Regulation (EU) No 251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and repealing Council Regulation (EEC) No 1601/91 (OJ L 84, 20.3.2014, p. 14).
( 8 ) Commission Regulation (EC) No 684/2009 of 24 July 2009 implementing Council Directive 2008/118/EC as regards the computerised procedures for the movement of excise goods under suspension of excise duty (OJ L 197, 29.7.2009, p. 24).
( 9 ) Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ L 165, 30.4.2004, p. 1).
( 10 ) Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (OJ L 336, 23.12.2015, p. 1).
( 11 ) Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ L 154, 16.6.2017, p. 1).
( 12 ) As referred to in Annex 2-D to the Agreement between the European Union and Japan for an Economic Partnership.
( 13 ) Commission Implementing Regulation (EU) No 716/2013 of 25 July 2013 laying down rules for the application of Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks (OJ L 201, 26.7.2013, p. 21).